The judicial commission of inquiry probing allegations of political links with the criminal underworld plans to emphasise security and confidentiality and will determine witness protection arrangements individually, the chairperson, deputy chief justice Mbuyiseli Madlanga, said.
The commission will assess witness protection needs on a case-by-case basis. The first witness may be KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi, but this is yet to be determined through consultations between commissioners.
The protection of witnesses for the commission, which is expected to begin its work in August after Madlanga retires from the bench, is outlined in the terms of reference published by the department of justice a week ago.
Madlanga will be assisted by advocates Sesi Baloyi and Sandile Khumalo. The chief evidence leader is advocate Terry Motau.
“Indications are that he [Mkhwanazi] may well be [the first witness], but we cannot tie ourselves to a position that says, yes, it’s definitely going to be the first witness. We cannot tell at this early stage. That’s something that will depend on what the consultations investigations yield,” Madlanga told reporters on Monday.
Cautious approach
The commission is expected to take a cautious approach to its work, given the potential threats to witnesses and the sensitivity of the evidence.
The inquiry’s outcomes are likely to have far-reaching implications within the criminal justice system, which according to Mkhwanazi’s publicly revealed allegations, have been infiltrated by criminal links with the help of political figures including police minister Senzo Mchunu.
“I will look very closely at each application bearing in mind the need for transparency, especially with regards to serious allegations like those that we have before us. So I will not readily just closely assess an option that makes the process not transparent,” Madlanga said.
The commission’s establishment is being legally challenged by the MK party. The case will be heard by the Constitutional Court on Wednesday.
Madlanga said the commission would “abide by any decision made by the court, whether with regard to an interim interdict or the final relief that the court will grant that is the end of the implementation”.
Entities to be investigated include the SA Police Service, National Prosecuting Authority and State Security Agency. The commission will focus on alleged infiltration of criminal syndicates of these entities.
An interim report is expected by the end of the first three-month period. The commission’s rules will allow public access to hearings.
“These entities and persons are to be investigated in relation to infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates,” Madlanga said.
“We also want to highlight … that by the end of the first three month period we want to be in a position to submit an interim report, which, if the evidence will have shown in March, will make recommendations regarding concrete action that needs to be taken.”
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